How to Make a Will in Michigan

If you're a resident of Michigan and thinking about making a will, you should understand what a will is and how to create one. A will, also called a "last will and testament," can help you protect your family and your property.

A will can be used to:

• leave your property to people or organizations
• name a personal guardian to care for your minor children
• name a trusted person to manage property you leave to minor children, and
• name a personal representative, the person who makes sure that the terms of your will are carried out.

Below you'll find an overview of what a will can do for you, what Michigan laws require for making a valid will, and what the process looks like.

Steps to Create a Will in Michigan

Here's a quick checklist for making a will in Michigan:

1. Decide what property to include in your will.
2. Decide who will inherit your property.
3. Choose an executor to handle your estate.
4. Choose a guardian for your children.
5. Choose someone to manage children's property.
6. Make your will.
7. Sign your will in front of witnesses.
8. Store your will safely.

What Happens If I Die Without a Will?

In Michigan, if you die without a will, your property will be distributed according to state "intestacy" laws. Michigan's intestacy law gives your property to your closest relatives, beginning with your spouse, children, and parents. This list continues with increasingly distant relatives. If the court exhausts this list to find that you have no living relatives by blood or marriage, the state will take your property.

Can I Make My Own Will in Michigan?

Yes. You can make your own will in Michigan. Michigan has a will template in its statutes—called a "statutory will." If executed properly (see below), the statutory will can be a good choice for making a simple will. (Mich. Comp. Laws § 700.2519 (2025).)

However, the statutory will isn't very flexible, so it's not the best choice for everyone. Some online resources, like Nolo's Quicken WillMaker & Trust, give you more flexibility to tailor your will to your needs. You also might want to consult a lawyer in some situations. For example, if you think that your will might be contested or you have especially complicated goals, you should talk with an attorney. See Do I Need an Attorney to Make My Estate Plan?

Legal Requirements for a Valid Will in Michigan

To make a will in Michigan, you must:

• be 18 years of age or older, and
• have sufficient mental capacity to make a will.

(Mich. Comp. Laws § 700.2501 (2025).)

Having "sufficient mental capacity to make a will" means that you meet all of the following requirements:

• You understand that you're determining what will happen to your property after your death.
• You know the nature and extent of your property.
• You know who will inherit from you.
• You understand the general nature and effect of signing the will.

(Mich. Comp. Laws § 700.2501 (2025).)

Generally, your will must be in writing and on paper. It can't be on audio or video and generally can't be a digital file. (Although, see "Can I Make a Digital or Electronic Will?," below.)

How to Sign and Execute My Michigan Will

To finalize your will in Michigan:

• you must sign or acknowledge your will in front of two witnesses, and
• your witnesses must sign your will within a reasonable time of witnessing you sign or acknowledge it.

(Mich. Comp. Laws § 700.2502 (2025).)

Although Michigan technically allows you to have an "interested" person (a person who stands to inherit from your will) act as a witness, this is usually not a good choice. It is typically better to use only disinterested witnesses to avoid the appearance that your witness influenced you to sign the will. (Mich. Comp. Laws § 700.2505 (2025).)

A holographic will is a handwritten will that doesn't need to be witnessed. Michigan allows handwritten wills, but they're usually not a good idea. A holographic will in Michigan must be dated, and the material provisions in the will and the signature must be in your handwriting. (Mich. Comp. Laws § 700.2502 (2025).)

Do I Need to Have My Will Notarized?

No, in Michigan, you don't need to notarize your will to make it legal. However, Michigan allows you to make your will "self-proving," and you'll need to go to a notary if you want to do that. A self-proving will speeds up probate because the court can accept the will without contacting the witnesses who signed it.

To make your will self-proving, you and your witnesses will go to the notary and sign an affidavit that proves who you are and that each of you knew you were signing the will. (Mich. Comp. Laws § 700.2504 (2025).)

Can I Make a Digital or Electronic Will?

In a handful of states, you can make a legal will digitally—that is, you can make the will, sign it, and have it witnessed without ever printing it out. Although such electronic wills ("e-wills") are currently available in only a minority of states, many other states are considering making electronic wills legal.

Michigan doesn't have a specific statute allowing e-wills, but a court might accept an e-will as legitimate. Michigan has a catch-all statute that states that written documents that aren't executed correctly under Michigan law may be treated as a will if clear and convincing evidence shows that the deceased person intended it to be a will. An e-will can be valid under this statute if there's enough evidence to prove that it was meant to be a will. However, you generally should avoid e-wills and have a printed will that's properly signed and executed to avoid the possibility that a court will reject your e-will. (Mich. Comp. Laws § 700.2503 (2025); In re Estate of Horton, 925 N.W.2d 207 (Mich. App. 2018).)

Can I Choose and Appoint a Personal Representative in My Will?

Yes. In Michigan, you can use your will to name a personal representative who will ensure that the provisions in your will are carried out after your death. Nolo's Quicken WillMaker & Trust produces a letter to your personal representative that generally explains what the job requires. If you don't name a personal representative, the probate court will appoint someone to take on the job of winding up your estate.

Can I Revoke or Change My Will in Michigan?

In Michigan, you may revoke or change your will at any time. You can revoke your will by:

• making a new will that says it revokes the old will or has contradictory terms to the old will, or
• with the intent to revoke the will, burning, tearing, canceling, obliterating, or destroying all or part of it yourself or ordering someone else to do so in front of you.

(Mich. Comp. Laws § 700.2507 (2025).)

Michigan law presumes you intended to replace your old will with the new one if you disposed of all of your estate in your new will. If you didn't dispose of all of your estate, Michigan law presumes you only wanted your new will to add to the old one. In this situation, your executor should follow the instructions in both wills. If terms in your wills contradict each other, your executor should follow the instructions in the new will. (Mich. Comp. Laws § 700.2507 (2025).)

If you and your spouse divorce (or if a court determines that your marriage isn't legal), Michigan law revokes any language in your will that leaves property to your spouse or spouse's relatives or names your spouse or spouse's relative to be your executor. However, if you happen to remarry your ex or if your will or divorce decree specifically states that divorce won't affect the provisions in your will, then these rules won't apply. (Mich. Comp. Laws § 700.2807 (2025).)

If you have any concerns about the effects of divorce on your will, see an estate planning attorney for help. If you need to make changes to your will, it's best to revoke it and make a new one. However, if you have only very simple changes to make, you could add an amendment to your existing will—this is called a codicil. In either case, you will need to finalize your changes with the same formalities you used to make your original will (see above).

Next Steps

You can find Michigan's laws about making wills here: Michigan Compiled Laws Chapter 700 Estate and Protected Individuals Code Article II Intestacy, Wills and Donative Transfers Part 5 Wills, Will Contracts, and Custody and Deposit of Wills.

To make your own will—as well as other estate planning documents, such as powers of attorney, advance health care directives, and transfer-on-death deeds—try Nolo's Quicken WillMaker & Trust.

Frequently Asked Questions

If you're still looking for information, check out these answers to frequently asked questions on Michigan wills.

Can a will help me avoid probate?

No. A will doesn't avoid probate. Instead, it acts as instructions to the probate court. If you want to avoid probate in Michigan, consider other estate planning strategies like a living trust or joint tenancy.

What's the cost of making a will in Michigan?

The cost for a lawyer to make a will depends on several factors, including the complexity of your finances, where you live in Michigan, and whether you want an entire estate plan with multiple documents. A simple will without other estate planning documents likely will cost at least a few hundred dollars—and potentially more than $1,000. DIY resources, like Nolo's Quicken WillMaker & Trust, will cost significantly less than hiring an attorney.

Where should I store my will after it's signed?

There are several options for places to store your will, and each has pros and cons. Some options are the court (discussed below), your home, your lawyer's office, or a safe deposit box (but ensure the bank will let your executor or other trusted people access it after your death). Wherever you store it, make sure the right people know where it is, so the probate process can start as soon as possible without confusion or delay. For more information, read How to Safely Store Your Will.

Do I need to file my will with the court or government after making it?

No. Your will doesn't need to be filed with the court or government until after your death. However, Michigan does allow will makers to deposit their wills with the probate court for safekeeping before they die. Wills deposited with the court will be kept under seal until the will maker's death. After a will maker's death, the court will open the will for probate when it receives a death certificate. (Mich. Comp. Laws § 700.2515 (2025).)

Can a will help me avoid estate taxes?

No. A will won't help you avoid estate taxes. The good news is that Michigan doesn't have an estate tax, and very few people need to worry about federal estate taxes. Only people with estates worth several million dollars need to think about federal estate taxes, but a will won't help them avoid taxes. For more information on estate taxes, read Estate Tax: Will Your Estate Have to Pay?

Can someone challenge my will?

Yes, it's theoretically possible that someone could challenge your will. But very few wills are challenged in court because it's difficult to challenge a will.